Lord Hogan-Howe: My Lords, until a short time ago I was Commissioner of the Metropolitan Police, having served for nearly 40 years making arrests and prosecuting people, which I quite enjoyed. I will say a few words about the importance for police officers, in particular in the investigation process, of some of the things that Europe provides and which need to be accommodated in the new arrangements. I worked in South Yorkshire, Merseyside and London and also served as one of Her Majesty’s inspectors looking at serious and organised crime. The Met led the extradition process for the United Kingdom—and still does—and also counterterrorist units, both in this country and with an international dimension, with 50 officers based in embassies around the world.
Many things remained constant in the 40 years that I was an officer, but some things have changed. One of the big changes is the mobility of people across our borders. In London particularly, a high number of foreign national offenders were arrested. The Met still arrests around 225,000 times a year. That is not 225,000 people, because many are arrested more than once. That is probably about 1 million people around the country and one in three of them is a foreign national offender—a very significant proportion of those arrested. Not everybody who is investigated and prosecuted is arrested. Of those in London, 55% are Europeans and 45% are from elsewhere. Both proportions are significant and have to be accommodated.
The ratio which I have described for London differs around the country. In some of our more rural areas there is a very high percentage of foreign national offenders. It varies by part of the country and seasonality. Different times of the year lend themselves to different types of migration. The police investigate very serious offences and more minor ones, but all demand the same level of proper investigation. The process that follows arrest or any investigation is usually similar. The first part is to confirm the identity of the suspect and the second to gather the available criminal intelligence about them. The third is to gather their criminal convictions, where they are recorded, and the fourth is to check on any forensic evidence that might be available for them. Together with the evidence, this forms a substantial part of the case.
One challenge for any investigating officer is that, where there is an arrest, an investigation is time limited. Some 90% of investigations are concluded within 24 hours of an arrest. This can be extended to 36 hours by a superintendent, but the majority of offences are investigated and concluded in the first 24 hours. It is, therefore, vital to gather the four things I have just  mentioned fairly quickly. The arrangements we have had with Europe have been substantially better than those we had in the past. When you are investigating an international suspect it is not always easy to gather all that information quickly, but it is often vital that it is gathered before they are released.
For example, if someone has been arrested for rape and has on three previous occasions been arrested for rape in another country but not charged, you would want to know that information before you came to a conclusion about whether there had been consent as regards this particular offence. That is just one example of why this is important.
In terms of the DNA, fingerprints and, increasingly, the facial recognition that is now available through Prüm—it has been available only more recently; for many years it was not available through Prüm—again it is vital that the samples are checked not only against the known database but against samples from scenes where the offender was not identified to find out whether the arrested person is linked to any previous offence. Therefore, the system obviously has to be efficient and effective.
I speak as someone who supports Brexit. I was misquoted during the previous debate, when it was said that I did not support the European arrest warrant. That is not what I said. I believe that the new arrangements the Government will make will have to replicate the best of what Europe offers us now. Noble Lords may not necessarily support that view and they have explained why, but clearly we have to strive to get these things in place. Clearly, the European arrest warrant is vital, as is the exchange of criminal intelligence and conviction data. The extradition warrant needs to replicate the existing provisions and to be simple, consistent and quick. The existing system is not perfect but it has led to some notable achievements in the past. Noble Lords will remember that after 7/7 one of the suspects was found in Italy and quickly returned. That is just one example of how these things can work well.
In conclusion, there are probably two major reasons why I think that we ought to achieve this agreement with Europe. First, examples were given of where there is not a perfect arrangement—Denmark was mentioned. However, Norway is not a member of the European Union but is a member of Europol and seems to enjoy many of the benefits that European Union members obtain. Secondly, although it is true that we do not want to become a Costa del Sol for criminals, neither does any other country want to receive our criminals. There is no great benefit for our country in seeing our rapists walk free in other countries, or in seeing their armed robbers walk free in the UK—so it would be hugely mutually beneficial to achieve speedy transit between all countries, and it ought to be possible to achieve some kind of reciprocity that would at least mimic the benefits of our present system. That is vital for the operational work of police officers in the ways that I hope I have described.